The Philippine government can demand for the custody of the
United States marine suspected for the killing of Filipino transgender in
Olongapo City only after an arrest warrant is issued by the local courts.
Retired Gen. Eduardo Oban, executive director of Visiting
Forces Agreement commission, said that an arrest warrant has to be issued first
by the court before a transfer request would be made.
"Once magkaroon ng legal proceedings 'yan at naisampa
na po ang kaso at nag-isyu ng warrant of arrest, I think that's a good time for
the Philippine government para hingin [ang] turn-over [ng] suspect to
Philippine authority," Oban said in an interview Thursday with
radio dzMM.
Oban, however, said that a request for the transfer of
custody may be turned down by Washington as the VFA states that in criminal
cases the US retains custody of the erring serviceman even if the case is under
Manila's jurisdiction.
Senator Miriam Defensor Santiago, meanwhile, argued that a
suspect's custody should rightly be with the Philippines once he is identified
and charged for the crime.
"Because under the VFA, particularly the provision on
jurisdiction, if a crime has been committed, number one: within Philippine
territory, and number two: is declared to be a crime under Philippine law,
automatically jurisdiction belongs to the Philippines," she said.
Santiago admitted, however, that upon "mere
request" by the US, the Philippines is required to turn over the custody
of American military personnel.
Human rights lawyer Harry Roque filed a murder
complaint with the Olongapo City Prosecutor's Office late Wednesday against
Private First Class Joseph Scott Pemberton from the 2nd Battalion 9th Marines
for the death of Jeffrey "Jennifer" Laude, who was found lifeless in
a lodge room, last the weekend.
Roque told the STAR that Laude's family will seek the
transfer of Pemberton to Manila. The soldier is currently detained aboard the
USS Peleliu docked at Subic Bay Free Port after participating in bilateral
exercises last week.
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